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Client Service Level Agreement

South Africa has a large number of qualified and highly experienced accountants who are available to work part time for companies.

At the forefront of today’s new world of work, Acctus allows companies to tap into this abundant pool of accounting, financial and commercial acumen by providing them with Chief Financial Officers, Finance Directors and Accountants who are available to work as independent contractors (“the Independent Contractor”) on a flexible hourly rate basis.

Typically, the Independent Contractor will use technology like Zoom, Teams and Slack to work from home.

Herewith are the terms and conditions upon which the Provider will provide the services of an Independent Contractor to work for the Client, and the terms and conditions upon which the Client will use the services of the Provider and of the Independent Contractor.

  1. PROVIDER UNDERTAKINGS
    1. The Provider will make available the services of an accountant who will provide their services to the Client as an Independent Contractor.
    2. The Provider will pay the Independent Contractor for work undertaken for the Client as outlined in Section 3 below called Weekly Billing and Contractor Payment Cycle.
    3. Unless otherwise agreed, the Independent Contractor will work remotely, often from home, their hours will not be set, and they will be free to work for other Clients and / or Providers.
    4. Unless otherwise disclosed by the Provider to the Client, the Independent Contractor will have an accounting qualification.
    5. Unless otherwise disclosed by the Provider to the Client, the Independent Contractor will have in excess of 10 years of accounting experience.
    6. Unless otherwise disclosed by the Provider to the Client, the Independent Contractor will have a good internet connection from their place of work, usually from home.
    7. Unless otherwise disclosed by the Provider to the Client, the Independent Contractor will be highly computer literate.
    8. In the interests of transparency the Provider will disclose the hourly rate paid to the Independent Contractor to the Client as well as the hourly rate agreed with the Client to the Independent Contractor.
    9. The Provider may use technology such as Zoom, Teams and Slack to communicate regularly with the Client and the Independent Contractor for the duration of an assignment, on the work days agreed between the Client and the Independent Contractor. On many occasions the contact will be brief, but when required more extensive contact may be appropriate to ensure the optimal outcome of an assignment.
  1. CLIENT UNDERTAKINGS
    1. The Client shall pay for the services of the Independent Contractor as outlined in Section 3 below called Weekly Billings Cycle at the Client rate agreed with the Provider.
    2. The Client will be responsible for explaining the requirements of the assignment to be undertaken by the Independent Contractor and for the monitoring of the quality of the work done by the Independent Contractor, and to terminate the assignment if they are not satisfied with the same.
    3. Unless otherwise agreed the Client will allow the Independent Contractor to work remotely, in most instances from home.
    4. Unless the Client specifically offers the Independent Contractor a full time position and the Independent Contractor accepts the same, according to the terms outlined in Section 5 of this Agreement, the Client will not employ the Independent Contractor on a full time basis and, in the main, the hours in which the Independent Contractor chooses to do the work will not be prescribed.
    5. The Client agrees that the Independent Contractor will be free to undertake work for other Clients and / or other Providers.
    6. South African clients agrees that they understand Clause 198 of the Labour Relations Act, and in the unlikely event of the Independent Contractor invoking the Deeming clause after 12 weeks, the Provider can in no way be held responsible for the legal rights of the Independent Contractor at that time, or any costs or damages that may arise for the Client from such invocation of the Deeming clause whatsoever.
    7. The Client will not hold the Provider responsible for any false information provided by the Independent Contractor to the Provider and / or the Client.
    8. The Client will under no circumstances claim damages from the Provider which may result from the actions of or work done by the Independent Contractor.
    9. The Client agrees that they will at no time have authority over the internal business affairs and decision of the Provider or of the Independent Contractor.
    10. The Client agrees to and accepts both the Client hourly rate and the Independent Contractor rate as fair.
    11. The Client agrees that they will not under any circumstances contact, or attempt to contact, the Independent Contractor after the Provider has introduced the Independent Contractor to the Client with a view to bypassing the services of the Supplier. Any such attempt to contact the Independent Contractor directly after having been introduced to the Client by the Provider with a view to bypassing the services of the Supplier will be considered a serious breach of this agreement and if such attempt leads to any work done whatsoever directly by the Independent Contractor for the Client, a penalty calculated according to 2.12.2 below will immediately become effective and payable, with clauses 2.12.3 and 2.12.4 becoming applicable as well.
    12. The Client agrees that they will under no circumstances or at any time whatsoever approach or suggest to the Independent Contractor that they circumvent the Provider by billing the Client for any hours of work undertaken directly.
      1. The Client accepts that any such circumvention of the Provider by using the services of the Independent Contractor directly during the course of an assignment or for a period of 12 months thereafter, will constitute a serious breach of the Agreement.
      2. In the event of such a direct engagement of the Independent Contractor, the Client agrees to pay the Provider a penalty calculated as follows: “20% x R1,000 per hour x 20 hours per week x 26 weeks”. This equates to a penalty fee of R104,000 (one hundred and four thousand rand).
      3. The Client agrees to make payment for the penalty as outlined above within 7 days of receipt of the invoice for the penalty.
      4. In the event of such a direct engagement of the Independent Contractor, and the payment of the penalty in full, this Agreement will no longer be in force and the Client will be free to engage with the Independent Contractor directly.
  1. WEEKLY BILLING AND CONTRACTOR PAYMENT CYCLE
    1. The Independent Contractor will be requested by the Provider to communicate on every day worked, using technology such as Slack or another agreed upon channel, the hours worked that day for the duration of an assignment.
    2. The Independent Contractor will use the Provider’s timesheet template to provide a weekly total of hours worked in the preceding week by 16h00 of every Friday during the course of an assignment. This timesheet will be attached to a Slack message or emailed to the Provider and the Client.
    3. If the Client disagrees with the weekly total provided as per 3.2 above, they will immediately alert the Independent Contractor and the Provider, by no later than 17h00 on the same day.
    4. The Provider operates a weekly billing cycle. The Provider will provide the Client with a weekly invoice by 12h00 on each Monday (including public holidays) for the hours of work completed in the previous week. This Monday is referred to as Day 1.
    5. The Client agrees to pay each invoice in full by 12h00 on the following Monday, i.e. Day 8 (7 days after the invoice date).
    6. The Provider undertakes to pay the Independent Contractor by 12h00 on the Monday after this, i.e. Day 15 (14 days after the invoice date).
  1. TERMINATION OF AN ASSIGNMENT
    1. The Provider requests that the Client will give at least 7 days notice of their intention to terminate an assignment.
    2. Notwithstanding the above, the Client will have the right to terminate the services of the Independent Contractor at any time and without giving notice in the event of dissatisfaction with the work done.
    3. The Provider will request the Independent Contractor to give at least 7 days notice of their intention to terminate an assignment but cannot guarantee the same.
  1. PERMANENT EMPLOYMENT OF THE INDEPENDENT CONTRACTOR
    1. In the event of the Client taking on the Independent Contractor as a permanent employee, the Client agrees to pay the Provider a Permanent Placement Fee calculated as follows: “Cash portion of the annual remuneration package agreed x 15%”. The Client agrees to pay the invoice for the Permanent Placement Fee within 14 days of receipt thereof.
    2. The Client agrees to provide the Provider with a copy of the letter of offer for the permanent position showing the cash portion of the remuneration agreed.
    3. The Client agrees to inform the Provider of their intention to offer the Independent Contractor a permanent position prior to doing so, and to inform the Provider of the Independent Contractor’s acceptance of the offer within 24 hours of doing so.
    4. The Client agrees not to use the provisions set out in Section 2, and Section 2.12.2 in particular, of this Agreement to avoid paying a Permanent Placement fee, and gives their express agreement to the payment of the Permanent Placement fee outlined in 5.1 above in the event of offering the Independent Contractor a permanent position which they accept.
  1. GENERAL
    1. This Agreement sets forth the entire understanding of the Parties with regard to the subject matter hereof and supersedes any prior discussions of representations between them with respect hereto. All amendments to this Agreement shall be in writing and signed by both Parties.
    2. The Client may not assign this Agreement or any of its rights hereunder without written consent of the Provider, which shall not be unreasonably withheld.
    3. The relevant rights and obligations of the Parties shall survive the termination of this Agreement.
    4. All notices, requests, demands or communication required hereunder shall be in writing by email in the first instance. Should email not be acknowledged by the receiving Party within 3 working days of being sent, then the same notice, request, demand or communication shall be in writing, delivered personally or by mail, either certified, registered or express mail, at the respective addresses set forth herein (or at such other addresses as shall be given in writing by one Party to the other).
  1. GOVERNING LAW AND ATTORNEY FEE PROVISION
    1. This Agreement and any disputes arising from the relationship of the Parties to this Agreement, shall be governed by the laws of South Africa.
    2. In any litigation, arbitration, or other proceeding by which one Party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be awarded its reasonable Attorney fees, and costs and expenses incurred.